Terms of Service
Effective Date: March 12, 2024
Introduction
BY USING THE CARKUKU WEBSITE LOCATED AT CARKUKU.COM (THE "WEBSITE") AND/OR ANY RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS").
These Terms apply to all users of the Website and Services (as defined below), including individuals who submit vehicle information for valuation. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE OR SERVICES.
"Carkuku," "we," "us," and "our" refers to Carkuku and its affiliates. The Website allows users to submit vehicle information to receive valuation offers and related services (together, the "Services").
1. Eligibility
The Website and Services are intended solely for persons who are 18 years or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited.
By accessing or using the Website or Services, you represent and warrant that you are 18 years or older and have the legal capacity to enter into these Terms.
2. Services and Valuations
2.1 Valuation Estimates
Any valuations, estimates, or offers provided through our Services are preliminary and non-binding. All valuations are subject to physical inspection and verification of the vehicle's condition, history, and documentation.
We reserve the right to modify, withdraw, or refuse any valuation or offer at any time, for any reason, without notice or liability.
2.2 No Guarantee of Purchase
Submitting vehicle information does not create any obligation on our part to purchase your vehicle. We may decline to make an offer for any reason, including but not limited to vehicle condition, market conditions, or business considerations.
2.3 Accuracy of Information
You represent and warrant that all information you provide about your vehicle is accurate, complete, and truthful. We are not responsible for valuations based on inaccurate or incomplete information.
Final offers may be adjusted based on actual vehicle condition, undisclosed damage, mechanical issues, or discrepancies in documentation.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARKUKU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability to you for all claims arising from or related to the Services shall not exceed the amount you paid us, if any, in the three (3) months preceding the claim.
Services Provided "AS IS"
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
4. User Obligations
When using our Services, you agree NOT to:
- Provide false, inaccurate, or misleading information about your vehicle
- Submit information about vehicles you do not own or have authority to sell
- Use the Services for any unlawful purpose or in violation of any applicable laws
- Attempt to interfere with, compromise, or disrupt the Website or Services
- Use automated systems or software to extract data from our Website
- Violate any intellectual property rights of Carkuku or third parties
5. Intellectual Property
All content, features, and functionality of the Website and Services, including but not limited to text, graphics, logos, icons, images, software, and the compilation thereof, are the exclusive property of Carkuku and are protected by copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.
6. Privacy and Data Collection
Our collection and use of personal information is described in our Privacy Policy. By using the Services, you consent to our collection and use of your information as described in the Privacy Policy.
You acknowledge that we may contact you via phone, SMS, or email regarding your vehicle submission or our services.
7. Indemnification
You agree to defend, indemnify, and hold harmless Carkuku, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
- •Your access to or use of the Services
- •Your violation of these Terms
- •Your provision of false or misleading information
- •Your violation of any rights of another party
8. Modification and Termination
8.1 Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.
8.2 Service Modifications
We may modify, suspend, or discontinue the Services at any time without notice or liability to you.
8.3 Termination
We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including if we believe you have violated these Terms.
9. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising from or relating to these Terms or the Services shall be resolved in the courts of British Columbia, and you consent to the exclusive jurisdiction of such courts.
10. General Provisions
10.1 Entire Agreement
These Terms constitute the entire agreement between you and Carkuku regarding the Services and supersede all prior agreements and understandings.
10.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
10.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
10.4 Assignment
You may not assign or transfer these Terms or your rights hereunder. We may assign our rights and obligations under these Terms without restriction.
Questions About These Terms?
If you have any questions about these Terms of Service, please contact us: